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The disqualification case having been filed after the election and proclamation
of the winning candidate, the governing law therefore is second paragraph
of Sec. 253 of the Omnibus Election Code which confers upon the
respondent court the jurisdiction totake cognizance of the disqualification
case filed against Marquez. Corollarily, while Sec. 49 of COMELEC Resolution
No. 2824 speaks of finality of the proclamation of the winning SK candidates, it
does not prevent the herein respondent court from exercising original
jurisdiction in the event an election protest is filed which in our opinion
includes matters which could be raised in a quo warranto proceedings against a
proclaimed SK candidate. Emphatically, the contention of herein petitioner that
DISPOSITIVE PORTION:
WHEREFORE, the Petition is hereby DISMISSED and the assailed Resolution of
the COMELEC in SPR No. 15-96 is AFFIRMED. No pronouncement as to costs.
SO ORDERED.
i(AN ACT RESETTING THE ELECTIONS OF SANGGUNIANG KABATAAN OFFICIALS TO THE FIRST MONDAY OF
MAY 1996, AND EVERY THREE (3) YEARS THEREAFTER, AMENDING FOR THE PURPOSE SECTION 532(a)
OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS THE "LOCAL GOVERNMENT CODE OF 1991)